Dols v. Baumhoefer

Appellant Baumhoefer was sued by the name of Baumhager, with the other defendant, upon a promissory note made by them to plaintiff. The defendant served notice of appearance, and also an answer denying each and every allegation in the complaint. Whereupon the plaintiff procured from the judge of the district court an order requiring defendants, at a time and place specified, to show cause why the proceedings should not be amended by inserting appellant’s true name in the place of the name by which he was sued, and why the answer should not be struck out as sham and false, and plaintiff have…